Itinerant trade

What is itinerant trade?

Must I obtain authorisation or meet specific conditions to engage in itinerant trading?

What are the most common types of itinerant trade and the obligations associated with them?

a. Mobile shops

b. What are the other main types of itinerant trade?

What is itinerant trade?

This consists of selling and offering or displaying products and services for sale to consumers by a merchant outside of his business location or locations which are registered with the Crossroads Bank for Enterprises or any other person which does not have a registered business location.

This legislation concerns any person (merchant or otherwise) who engages in such sales practices.

It covers the sale of products as well as services.

However, it does not cover:

• Sales carried out by professionals for professional purposes;
• Services provided by professionals whose profession is regulated by codes of conduct monitored by public authorities.

Must I obtain authorisation or meet specific conditions to engage in itinerant trade?

Yes, authorisation or specific conditions may be required of the vendor according to the vendor's status (merchant, association, individual), the type of sales (commercial or non-commercial) and sales location (i.e. public roads or home parties).

What are the most common types of itinerant trade and the obligations associated with them?

a. Mobile shops

This practice is subject to conditions

• It requires an itinerant trade authorisation: itinerant trade authorisation;
• This is only given for certain locations and may require additional authorisation according to the location (for example, authorisation from the commune to sell in communal markets and in public areas)
• It may be subject to opening hours restrictions (essentially at the consumer's home);
• Not all products and services may be sold by itinerant trading.

Itinerant trade authorisation

This is required for any person who engages in itinerant trade:

• Self-employed natural persons;
• Individuals who are responsible for the daily management of a company or an association;
• Agents of these persons, companies or associations.

For how long is the authorisation valid?

It is valid for the entire duration of the activity.

Where can I obtain it?

It can be obtained from an accredited entreprise countter.

What are the different types of authorisations of itinerant activities?

1. Employer authorisation:
   • This is attributed in the name of the employer (natural person) or the company which engages in itinerant trade; for the latter case, it is attributed via the person responsible for daily management of the company;
   • It allows itinerant trade to be carried out:
     • Either in all authorised locations except for the consumer’s home;
     • Or in all authorised locations including the consumer’s home.
2. Agent B authorisation:
   • This authorisation is registered under the name of a person and allows for itinerant trade in all authorised locations including the consumer's home.
3. Agent A authorisation:
   • This authorisation is registered under the name of a company or natural person and is interchangeable between agents;
   • It allows for itinerant trade in all locations except for the consumer’s home.

Issuance of the card is subject to the following conditions::

• Be a citizen of a European Economic Area country (EU plus Iceland, Norway and Liechtenstein) or be exempted from the professional card requirement;
• Carrying out activity under the authorisation of an Agent A-type card may be authorised for non-European Economic Area citizens who hold a professional card or a work permit according to whether they have self-employed or employed status;
• For the employer card: meet managerial knowledge requirements;
• To engage in trade activities at the consumer’s home, provide a clean certificate of criminal record or, lacking that, be authorised to engage in this activity by the Public Ministry..

How much does itinerant trade authorisation cost??

• 150 euros for employers;
• 100 euros for agents.

Where am I authorised to engage in itinerant trade?

For consumer protection reasons, itinerant trade is only authorised in certain locations:

• Public markets;
• Private markets authorised by the commune;
• Public areas;
• Private shoulders of public roads and commercial car parks, requiring the advance approval of the commune and the property owner;
• Train station, metro and airport hallways;
• Shopping centres;
• Amusement parks, only for itinerant food vendors;
• HORECA institutions, exclusively for sales of flowers.

It is also authorised during certain events:

• Car boot sales authorised by the commune;
• Cultural and sporting events, as long as the sold products are related to the event or are takeaway food products.

Is itinerant trade limited to certain time slots?

Selling in consumer homes is only authorised between 8 a.m. and 8 p.m.

What products and services are authorised to be sold through itinerant trade?

All products and services except for:

• Firearms and munitions, except for decorative firearms sold during certain events or in antiques markets and car boot sales;
• Medicines and healthcare products and services, including medicinal herbs and their components;
• Precious metals, stones and fine or cultured pearls as well as objects made from these materials, except used goods sold in antiques markets and car boot sales.

Only the following are authorised for at-home sales:

• Sales of products and services with a total value of less than 250 euros;
• Sales of products and services which exceed this amount and which are included on the list of staple or personal wellbeing products, as long as these sales do not exceed one item or service per sale and their cost is less than or equal to 700 euros.

These sales are accompanied by an extension of the period of reflection for the consumer.

Is itinerant trade subject to other conditions?

In the interest of consumer information and protection, the merchant or agents must be identifiable during the sale:

• Via an identification sign posted on the retail truck or stall;
• Or by showing a business card before any sales transaction at the consumer’s home.

b. What are the other main types of itinerant trade?

There are two categories:

• Commercial sales;
• Non-commercial sales.

Commercial sales

1. Sales as part of events promoting local commerce or communal life

Events promoting local commerce:

• These are usually called street markets;
• They are organised or are authorised by the commune and are meant to promote commerce in a neighbourhood, shopping gallery or a commune;
• They include merchants from the promotion zone and generally itinerant merchants as well as other professionals such as merchants, artisans, farmers, Belgian producers and invited foreigners, authorised by the commune.

Events promoting communal life:

• They are organised or authorised by the commune;
• They are intended to inform visitors about the commune, its potential as well as provide a general festive atmosphere;
• In particular, they are held during events such as twin city celebrations;
• They welcome local merchants, sometimes at stands outside of their establishment as well as other Belgian professionals and invited foreigners, authorised by the commune.

Professionals participating in these two types of events do not require itinerant trade authorisation but must be able to prove their status as a merchant, artisan, farmer, producer etc. and identify themselves with a sign during the event.

2. Commercial, crafts and agricultural trade fairs

These events are intended to increase awareness of one the economic activities of one or more economic sectors or geographical areas.

They must meet the following criteria:

• The main objective is promotional, even if sales are permitted;
• The event must be announced using advertisements;
• It must be a temporary, exceptional event;
• It must be reserved for professionals from the sector or geographical area and those who welcome visitors (hostesses, Horeca, etc.).

Professionals participating in these events are exempt from itinerant trade authorisation requirements but must identify themselves with a sign during the event.

3. Sales carried out by a merchant in front of the merchant’s shop

• They do not require itinerant trade authorisation but, when carried out on public property, require authorisation from the commune;
• The products and services offered must the same as those usually sold in the shop.

4. Sales carried out by a merchant on the premises of another merchant

• These are sales allowing host merchants to enlarge their range of products and/or services;
• They must take place during regular opening hours;
• The products and services offered must be complementary in nature (for example, services from an acoustic-aid technician provided in an optician’s shop);
• They must be temporary or periodical in nature and a complement to the shop’s own products or services;
• The guest merchant must be clearly identified;
• These sales do not require itinerant trade authorisation.

5. Promotional sales carried out by merchants, artisans, farmers, producers etc. outside of their regular establishments

• For example, wine-tasting offered by a wine retailer in a more appropriate location than a shop;
• These sales must be promotional, exceptional and temporary in nature;
• The products and services offered must be the same as those sold in the merchant’s establishment;
• The activities must be declared to the Minister responsible for the Self-Employed at least thirty days before they begin and include documents which allow authorities to determine whether the activities are justified.
• These sales do not require itinerant trade authorisation.

6. Sales carried out on request of the consumer at the consumer’s home

These sales do not require itinerant trade authorisation if:

• The consumer specifically requested, in advance, a visit from the merchant with the intent to negotiate the sale of the sold product or service;
• This request was not made in response to a home visit offer made over the telephone by the merchant or in response to a systematic mass-contact operation carried out by the merchant.

7. Home parties

These sales do not require itinerant trade authorisation if they meet the following conditions:

• The merchant meets all VAT requirements;
• The sales take place in the inhabited part of a home exclusively used for private purposes;
• They occur during the same time period of the same day;
• They are personally announced, in advance, to the persons involved, with an indication of the products and services offered.

8. Sales of products by farmers, breeders, or horticulturists on the site of production

These could be, for example, sales of farm products at the farm.

These sales do not require itinerant trade authorisation.

Non-commercial itinerant sales

1. Car boot sales and other similar events

These events generally include individuals and professionals:

• They allow individuals to sell goods which they did not acquire, make or produce with the intention of selling them; i.e. their surplus goods or goods left in storage;
• The number of participating individuals is not limited but they must only participate occasionally; otherwise the individual becomes a merchant (even if only for these events) and is required to meet all requirements of the merchant status;
• These sales must be organised or authorised by communes;
• Professionals must hold an itinerant trade card.

Events open to individuals may offer different products than those allowed for car boot sales.

In general, they are part of local traditions: pumpkin festivals, sales of excess pigeons resulting from spring nesting.

2. Philanthropic, social, cultural, educational or sporting events or events in defence of nature, animals and local products

Who may engage in sales activities?

Any legal or factual person, organisation or association which would like to support one of the aforementioned causes.

Do these sales require authorisation?

By law, there are three categories of operators:

• Youth organisations which are recognised and subsidised by public authorities may freely sell products or services as long as they follow legal limits;
• Those associations or institutions recognised by the FPS Finance as able to receive tax-deductible donations must simply declare their sales at least three days in advance;
• Other persons and associations which do not fall into one of the two aforementioned categories must receive advance authorisation.

Where must these declarations be made and where should authorisation be requested?

• At the commune of the location of the sales, whenever the operation is limited to a single commune;
• At the Economic Authorisations Service, when the operation is not limited to a single commune.

What conditions must be met?

• None, if the sales take place on an occasional basis;
• Moreover, they must avoid competing with commercial businesses;
• In order to allow authorities to verify whether this condition is met, all declarations and authorisation requests must include an estimate of the products or services offered for sale.

How can the consumer be sure that the merchant is authorised to sell?

The merchant must be identifiable so that there are no doubts as to the goal of the sales operation and the identity of the manager of this operation.

Do authorities verify how the money which is received is used?

Yes, proof of fair allocation of raised funds must be provided by the operators to the administrative authority which issued the authorisation. For youth associations and those recognised by the FPS Finance, verification shall be carried out by the authority which authorises their association status.